Maxwell v. Bolles
Oregon Supreme Court
Appeal from Union: Morton B. Clifford, Judge. This is an action by Isaac T. Maxwell against J. T. Bolles to recover possession of personal property.
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Appeal from Union: Morton B. Clifford, Judge. This is an action by Isaac T. Maxwell against J. T. Bolles to recover possession of personal property. The complaint, in substance, alleges that on February twelfth, eighteen hundred and. ninety-four, one J. Q. Shirley made, executed, and delivered to the plaintiff his promissory note for the sum of one thousand dollars, due one year after date, and, as security for the payment of the same, gave him a chattel mortgage on thirty-one head of horses, of the value of nine hundred and sixty dollars, which mortgage is conditioned that should the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. It is claimed that the court erred in allowing the plaintiff to testify as to the existence and contents of the alleged promissory note given him by Shirley without first proving its loss or destruction. It is a rule of universal application that the existence and contents of a written instrument, when material and in issue, cannot be proved by parol without first showing that it is not within the power of the party offering such evidence to produce the writing itself. The instrument sought to be proved is regarded necessarily as the primary or best…
2Cases cited5 opinions
- Doon v. SmithOregon Supreme Court · 1893
- Sayres v. AllenOregon Supreme Court · 1894
- Veasey v. HumphreysOregon Supreme Court · 1895
- Kuhn v. GravesSupreme Court of Iowa · 1859
- Burhans v. TibbitsNew York Supreme Court · 1852
3Cited by19 opinions
- State v. SavageOregon Supreme Court · 1900
- Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
- Capital Lumbering Co. v. LearnedOregon Supreme Court · 1899
- Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- McIntosh Livestock Co. v. BuffingtonOregon Supreme Court · 1923
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